75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to B-Eng. HB 2815
 
LC 1700/HB 2815-B4
 
                       HOUSE AMENDMENTS TO
                   B-ENGROSSED HOUSE BILL 2815
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 24
 
  On page 1 of the printed B-engrossed bill, line 2, delete '
creating new provisions;' and insert 'appropriating money; and
declaring an emergency.'.
  Delete lines 3 and 4.
  Delete lines 6 through 22 and pages 2 through 4 and insert:
  '  { +  SECTION 1. + }  { + (1) There is established an
Interagency Compliance Network consisting of:
  ' (a) The Department of Justice;
  ' (b) The Department of Revenue;
  ' (c) The Employment Department;
  ' (d) The Department of Consumer and Business Services;
  ' (e) The Bureau of Labor and Industries;
  ' (f) The Construction Contractors Board;
  ' (g) The State Landscape Contractors Board; and
  ' (h) Other state agencies that enter into the
intergovernmental agreement as described in subsection (3) of
this section.
  ' (2) The Interagency Compliance Network established under this
section shall:
  ' (a) Work to establish consistency in agency determinations
relating to the classification of workers, including but not
limited to classification of workers as independent contractors;
  ' (b) Gather and share information relating to persons who pay
workers in cash and who do not comply with laws relating to
taxation or employment;
  ' (c) Gather and share information relating to the
misclassification of workers, including but not limited to
misclassification as independent contractors;
  ' (d) Develop investigative methods for auditing persons who
pay workers in cash, or who misclassify workers, and who do not
comply with laws relating to taxation or employment;
  ' (e) Conduct joint audits of persons who pay workers in cash,
or who misclassify workers, and who do not comply with laws
relating to taxation or employment;
  ' (f) Identify opportunities for and obstacles to improving
compliance with the laws relating to the classification of
workers, taxation or employment;
  ' (g) Create a coordinated enforcement process for the laws
relating to classification of workers that is efficient, fair and
effective for the public and the regulatory agencies charged with
enforcing laws relating to taxation or employment;
  ' (h) Engage in public outreach efforts to educate the public
generally on the distinctions between independent contractors and
employees and on the laws and regulations governing the duties
relating to classification of workers; and
  ' (i) Take such other action as the member agencies deem
appropriate to improve compliance with laws relating to taxation
or employment that are administered by the member agencies.
  ' (3) The agencies identified in subsection (1)(a) to (g) of
this section shall enter into an intergovernmental agreement for
the purpose of coordinating the efforts of the agencies under
this section. Any other agency of state government, as defined in
ORS 174.111, that has an interest in compliance with laws
relating to taxation or employment may become a member of the
Interagency Compliance Network by entering into the agreement on
such terms as may be prescribed by the agencies identified in
subsection (1)(a) to (g) of this section.
  ' (4) Notwithstanding ORS 314.835 or any other law relating to
confidentiality of information, any agency that is a member of
the Interagency Compliance Network may enter into an agreement
with another member agency to provide information to the other
agency. Information provided to an agency under this subsection
may be used by the agency only for the purpose of enforcing
compliance of laws that are administered by the agency. + }
  '  { +  SECTION 2. + }  { + The member agencies of the
Interagency Compliance Network shall prepare a report once every
two years that details the activities of the network during the
two-year period. The report shall identify the manner in which
the funding for the network has been expended, and an estimate of
the revenue impact of the network's activities. The report shall
be provided to the Governor, and to the Legislative Assembly in
the manner provided by ORS 192.245. + }
  '  { +  SECTION 3. + }  { + (1) In addition to and not in lieu
of any other appropriation, there is appropriated to the
Emergency Board, for the biennium beginning July 1, 2009, out of
the General Fund, the amount of $750,000, to be allocated to
state agencies that are members of the Interagency Compliance
Network for carrying out the purposes of section 1 of this 2009
Act. Nothing in this subsection requires that the Emergency Board
allocate moneys to each agency in the network or allocate equal
amounts to agencies.
  ' (2) If any of the moneys appropriated by subsection (1) of
this section are not allocated by the Emergency Board before
December 1, 2010, the moneys remaining on that date become
available for any purpose for which the Emergency Board lawfully
may allocate funds. + }
  '  { +  SECTION 4. + }  { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect July 1, 2009. + } ' .
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